Kit Malthouse: Q  Yes, I understand that. All MPs can, pretty much, point to inexplicable decisions by the Planning Inspectorate in their area. One of the things that alarms local communities is this notion that the decisions made seem broadly random. I guess what I am trying to fish for is whether there is some way for an area that can prove it is playing ball, is providing housing and has its plans in place, to have the planning inspector say to a developer, “Well, don’t even bother asking, because we are not going to participate”?

John Mann: Q  The evidence, overwhelmingly, is that where there is a neighbourhood plan that increases the potential housing supply through land allocation, that housing will be built and will be built quickly. However, there is a bit of a time lag in proving that in huge numbers. Do you intend to keep providing that information on how successful neighbourhood plans have been in bringing forward new housing? Would that not therefore strengthen the argument that where there is a neighbourhood plan that has been formally adopted by one of your members in district council, after a referendum and a council vote, that that should be the plan stuck to by everybody?

Chris Philp: Q  As an example, let us say that the local plan specifies the total number of housing units in a five-year period to be built in a particular area—in a village or a particular neighbourhood of a suburb. Would it be reasonable to say that a neighbourhood plan could allocate different sites—that would take precedence—provided that the total number of housing was the same as specified in the local plan?

Matt Thomson: Well, you have put the case that I think CPRE would make very eloquently. Despite the fact that Ministers have said on several occasions that housing demand on its own is not sufficient justification to grant planning permission on green belt land, it is of concern to us that neither local authorities nor the Planning Inspectorate have necessarily enforced that in all cases, and certainly not in a number of cases that are of concern to CPRE.
Secondly, under the same principle, it is very clear, in our view, in paragraph 14 of the NPPF that, while local authorities should plan to meet their objectively assessed need in full, the requirement does not apply in green belt areas and other areas listed in footnote 9. However, councils are planning for growth—despite being restricted by green belt—and releasing land from the green belt to meet that growth need at an increasing and higher rate than regional plans were doing before they were abolished, largely for the reason that they were proposing development in the green belt. Yes, that is a great concern to us. Housing need obviously needs to be met somewhere and there is still some way to go in order to overcome the problem of how housing need should be met while protecting the green belt and other areas of landscape importance and so on that we would expect to be protected.

Matt Thomson: There is already evidence that demonstrates that as soon as communities start considering about their development needs, even when they start off from a very NIMBY perspective, they think, “We are really worried about development that is going to come and destroy our village,” or whatever, and then they all sit down together and start talking about it. They then realise that there is a development need: the neighbour’s children need somewhere to live, there is a school that is threatened with closure or a shop that is closing down and so on, and people start to recognise the needs that they have. But again, because they are the local people and they know their area, they are best positioned to resolve the potential conflict between growth and conservation.

Tim Smith: The provisions are sensible so far as they go, but none of them tackle any single major obstacle to the delivery of land, so there is not going to be in the Bill a silver bullet for compulsory purchase to allow housing development to come forward. There is nothing in there that is hugely significant. What is on its face the most significant proposal—the statutory enactment of the no-scheme rule—is effectively what happens any way. That is the position that has been established by case law. It is fine so far as it goes, but it does not go very far.

Colin Cottage: I am going to choose as my part of the Bill clause 22 and in particular proposed new section 6D(2) to (4). The concept of simplifying what is understood to be the scheme is absolutely the correct one. In a certain way, it has happened through the courts over recent years and what needs to be guarded against is complicating instead of simplifying the principle.
It is the CPA’s view that proposed new section 6D(2) to (4) is not necessary at all. The reason for that is that everything within those sections could be achieved under proposed new section 6E, where an acquiring authority can advance evidence as to the nature of a larger scheme. All that 6D (2) to (4) does is make specific reference to exactly the kind of arguments that could be put forward in 6E. When you start looking at some of the wording—for example, 6C, about relevant transport projects—rather than simplifying, it all looks horribly complicated and possibly capable of misinterpretation. That could lead to unfairness and certainly could lead to conflict in the courts, so the thing I would like Members to go away with and think about is, is 6D(2) to (4) absolutely necessary? We do not think it is.

Gavin Barwell: Yes. As long as the neighbourhood plan is consistent with the overall strategic planning for the area in the local plan, the neighbourhood plan can absolutely fill in that level of detail. If a local plan says a particular town within the district will take a certain this level of housing growth, the neighbourhood plan can fill in what the community feels are the right sites and the required mix of housing.

Gavin Barwell: The first thing to say is that that moment is not yet upon us. We are still within the EU and at the moment all those European laws apply. Clearly, as the Prime Minister has set out, the decision we took as a country on 23 June will lead to some short-term challenges—it will change our role in the world and we are going to build a new future for the country around that—but it also offers some opportunities to look at the laws that we have and ask, “Are these the right laws for the UK?” I am sure that all Members of the House will want to ensure that we have proper environmental protections and proper protections for  endangered species, but if we look at a law and say, “Actually the way that law is working in this country is disproportionate or leading to some perverse outcomes”, there will be an opportunity to review it.

Gavin Barwell: In that case it would help. This will make it clear in statute that some weight should be given to that emerging neighbourhood plan, because it had been through examination. So the inspector who was determining that particular appeal would be required by statute to give some weight to that emerging local plan.
What I cannot do—this is a complex area and it is important that I am entirely open with Members about the balance here—is give a guarantee. You will know that when any planning Committee or inspector—or indeed I as Minister—takes decisions on planning applications, they have to look at all the material considerations. What the local plan says is an important material consideration What the relevant emerging neighbourhood plan says is an important material consideration. The views of the people who live in the area are a relevant material consideration. The national planning policy framework is a relevant consideration, and there may be other ones in particular cases. All those things have to be weighed, and I know from the cases that cross my desk every week that sometimes they are weighed in a way that would support the neighbourhood plan. You cannot guarantee that that will always be the case, but this change in the law would help in that situation because it would give some weight to an emerging plan and would ensure that, immediately a referendum is held, the plan is in place, whereas at the moment there is a period of time that you have to wait for the council to make the plan.

Gavin Barwell: I would make a number of observations. I think this goes to the crux of the argument about this issue, and it is one on which we will no doubt spend a lot of time when we go through our line-by-line consideration and on Report.
Where there was a local plan that had a five-year land supply, with a neighbourhood plan beneath that, and a developer attempted a speculative application that was inconsistent with both, I would regard it as highly exceptional—you can never say “never” in planning—that such an application would be approved on appeal if it was turned down by the relevant local authority. Clearly, all the local planning policies would point against that application.
It might be useful for the hon. Gentleman to know—one of the difficulties of my job is that I never know which of my decisions have or have not been made public, so I will anonymise the place I am talking about—that I had three applications on my desk the other day, all in the same council area. The applications were affected by two different neighbourhood plans. The council concerned does not have a local plan with anything like a five-year land supply, so the presumption applies. In one case, I judged that not only was the neighbourhood plan an argument for turning down the appeal but that the application would also have eroded a key strategic gap between two settlements. There were two very strong arguments against, and in favour was the presumption for development, so I turned down the appeal.
In the other cases, although it was contrary to the neighbourhood plan, the land concerned was not greenbelt, prime agricultural land or anything else that you could give weight to, so I allowed the appeals on the basis of the presumption. That is what we mean when we talk about giving weight to different things. Although it is difficult for us, and I have also felt the frustration that the hon. Gentleman is expressing as a constituency MP and as a local councillor in the past—I know exactly where he is coming from—we have to recognise that the planning system is quasi-judicial. In the same way that you can take a case to a court of law and a judge will rule in a certain way and then you can appeal to the Appeal Court, which might take the same evidence and come to a different judgment, it can happen in the planning system as well. The judgment of different individuals looking at a particular case can be different.

Gavin Barwell: Those are issues more for policy than for legislation, but my hon. Friend the Member for North West Hampshire has correctly put his finger on one of the problems. It is not about not just the five-year land supply but how to objectively assess need, by which I mean how we calculate how many homes we need to build in an area. One of my key jobs over the next few months is to see whether we can find ways of taking conflict out of these processes. Can we find an objective way of calculating that need figure and identifying five-year land supply that gets rid of costly legal battles—a lot of money is currently spent on them—arguing the point with the developer who is trying to overturn a local plan? We need to have a process that attracts much more confidence, so that people know clearly where they stand.
The second issue is the one I have already alluded to, which is that if there is a change in the status of a particular site and a council therefore dips below the five-year land supply, we want to give them a window of grace where they can adjust to that, rather than them literally coming into work one morning and finding that they are now open to speculative development, when they were not the day before.

Theresa Villiers: Q  Obviously the key concern that has been raised by some of the campaign groups, such as the Campaign to Protect Rural England, is that local authorities are being driven to propose green belt development because they cannot meet their targets and they cannot make the duty to co-operate work. So in order to avoid the risk of having their local plan rejected altogether they are putting forward green belt or greenfield developments. What is the incentive on a local authority—on the other end of a duty to co-operate —to accept somebody else’s housing targets? I do not see how the duty to co-operate can work effectively if you are saying that local authorities have to somehow persuade their neighbours to accept their housing needs. I would be grateful if you could explain how the duty to co-operate is supposed to work.